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Frequently Asked Questions Pay & Leave

How is an employee's pay set when a temporary promotion is made permanent? How is the pay set if the employee's temporary promotion expires and the employee is returned to the lower grade and then subsequently promoted?

If a temporary promotion is made permanent immediately after the temporary promotion ends, the employee is not returned to the lower grade in order to process the permanent promotion. See 5 CFR 531.214(e). The agency must convert the temployee's temporary promotion to a permanent promotion without a change in pay. The appropriate action is to process the promotion (nature of action code 702) showing the higher grade as the grade before and after promotion. (See rules 5 and 6, Table 14-B, chapter 14, Office of Personnel Management's Guide to Processing Personnel Actions.) In effect, the promotion increase granted at the time of the temporary promotion is ratified and made permanent by the removal of the not-to-exceed-date limitation on the temporary promotion.

If there is any period of time between the end of a temporary promotion and the beginning of a permanent promotion, the employee must be returned to the lower grade. As required by 5 CFR 531.215(c), the agency must recompute the employee's rate of basic pay for the lower grade as if the employee had never been temporarily promoted. Also, the agency may choose, at its discretion, to apply the maximum payable rate rule in 5 CFR 531.221 if that would yield a higher rate. Whatever method is used, the resulting rate is the basis for any subsequent promotion. 

With respect to the "maximum pay rate" rule, please note that an employee's highest previous rate may not be based on a rate received in a position to which the employee was temporarily promoted for less than 1 year, except upon permanent placement in a position at the same or higher grade. (See 5 CFR 531.223(b).) If an agency chooses to apply the maximum payable rate rule, it may set pay at any step equal to or less than the maximum payable rate, but not less than the rate to which the employee is entitled under the normal pay-setting rules.

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